High Court of Punjab and HaryanaCRWP/745/2023disposed of

Jagsir Kumar v. State Of Punjab And ORS

2023-02-21Mr. Justice Harkesh Manuja2 pages

234 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-745-2023 (O&M) Date of Decision: February 21, 2023 JAGSIR KUMAR ........ Petitioner

Versus

STATE OF PUNJAB AND ORS ........ Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Lupil Gupta, Advocate for the petitioner. Mr. Amit Shukla, AAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) By way of present habeas corpus petition filed under Section 226/227 of the Constitution of India read with Section 482 Cr.P.C., prayer has been made for issuance of directions to release the detenues namely Ramesh Kumar from the alleged illegal custody of respondents. On 24.01.2023 this Court passed the following order:- "The present petition has been filed under Article 226/227 of the Constitution of India read with Section 482 CrPC for issuance of a writ in the nature of Habeas Corpus for appointment of Warrant Officer with a direction to get release the detenue, namely, Ramesh Kumar from the illegal custody of respondents. Notice of motion for 06.02.2023.

In the meantime, Registry is directed to appoint a Warrant Officer, who shall accompany the petitioner to visit at Police Station Mataur, SAS Nagar, Mohali, or any other place as pointed out by the petitioner to find out the detenue. In case, the alleged CRWP-745-2023 (O&M) -2TEJWINDER SINGH 2023.02.23 16:56 I attest to the accuracy and integrity of this document

detenue is found in illegal confinement, the Warrant Officer shall ensure his release forthwith. The Superintendent of Police, SAS Nagar, Mohali and Station House Officer, Police Station Mataur, SAS, Nagar, Mohali are directed to provide necessary police help to the Warrant Officer, if need be. The Warrant Officer shall submit his report on or before the next date of hearing."

In pursuance thereof, a warrant officer was appointed who has already submitted his report. Learned State counsel in response to the present petition submits that the petitioner was nominated as an accused in FIR No.2 dated 27.11.2020 by way of DDR No.012 dated 23.01.2023 and was thereafter produced before the Illaqa Magistrate on 24.01.2023 by way of DDR Nos.14-24 and 26-40 dated 23.01.2023.

In view of the aforesaid development, nothing survives in the present petition.

Disposed of as having been rendered infructuous. 21.02.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.02.23 16:56 I attest to the accuracy and integrity of this document